Deception

Question 1

Dishonestly takes / obtains a document
S228 (1)(a) CA61
- Ingredients

Answer 1

1. Dishonestly
2. Without claim of right
3. Takes OR Obtains
4. Any document
5. With intent to obtain;
   
   • Property, or
   • Service, or
   • Pecuniary Advantage, or
   • Valuable Consideration

Question 2

Dishonestly uses or attempts to use a document
S228 (1)(b) CA61
- Ingredients

Answer 2

1. Dishonestly
2. Without claim of right
3. Uses or attempts to use
4. Any document
5. With intent to obtain;
   
   • Property, or
   • Service, or
   • Pecuniary Advantage, or
   • Valuable Consideration

Question 3

Obtains by deception
S240 (1)(a) CA61
- Ingredients

Answer 3

1. By any deception
2. Without claim of right
3. Obtains
   
   • Ownership, or
   • Possession, or
   • Control over
4. Any property, or any privilege, service,, pecuniary advantage, benefit, or valuable consideration
5. Directly or indirectly

Question 4

Obtains credit by deception
S240 (1)(b) CA61
- Ingredients

Answer 4

1. By any deception
2. Without claim of right
3. In incurring any debt OR liability
4. Obtains credit

Question 5

Altering documents capable of deriving pecuniary advantage
S240 (1)(c) CA61
- Ingredients

Answer 5

1. By any deception
2. Without claim of right
3. Induces or causes any other person to
   
   • Deliver over, or
   • Execute, or
   • Make, or
   • Accept, or
   • Endorse, or
   • Destroy, or
   • Alter
4. Any document or thing capable of being used to derive a pecuniary advantage

Question 6

Causes loss by deception
S240 (1)(d) CA61
- Ingredients

Answer 6

1. By any deception
2. Without claim of right
3. Causes loss to any other person

Question 7

Obtain - definition

Answer 7

Obtain or Retain for themselves or another

Question 8

Property - definition

Answer 8

Includes any real or personal property

Question 9

Service - definition

Answer 9

Limited to financial or economic value, and
excludes privileges or benefits
(R V CARA)

Question 10

Pecuniary Advantage - definition

Answer 10

Anything that enhances the accused’s financial position

HAYES V R

Question 11

Valuable Consideration - definition

Answer 11

Anything capable of being valuable consideration,
in short Money or Money’s worth
(HAYES V R)

Question 12

Dishonestly - definition

Answer 12

Without a belief that there was an expressed or implied consent, or authority

Question 13

claim of right - definition

Answer 13

Belief in a propriety or possessory right.

The belief must. ;

1) Exist at the time of the act.
2) Relate to the property involved in the offence.
3) Be genuine or honest even if based on ignorance or mistake.

Question 14

Takes - definition

Answer 14

Complete when the offender moves the property or cause it to be moved

Question 15

Uses or attempts to use - definition

Answer 15

Use can include a single action or the continuing use of a document

“An unsuccessful use of a document is as much use as a successful one”
(HAYES V R)

Question 16

Document - definition

Answer 16

Essentially a document is a thing which provides
 - evidence, or 
 - information, or
 - serves as record
R V MISIC

Question 17

Deception - definition

Answer 17

What needs to be proved:

A. 1) A representation that is false (oral, documentary or by conduct)

2) Knowledge that the representation is false in a material particular or reckless as to whether it is false in a material particular
3) An intent to deceive an other person
4) That the other person was deceived

B. 1) An omission to disclose a material particular

2) With intent to deceive any person
3) In circumstances where there is a duty to disclose it

C. A Fraudulent device, trick or stratagem

Fraudulent = dishonest

Question 18

Proving Deception, what is required?

Answer 18

You Must Prove;

1. Intent to deceive
2. A representation by the defendant
3. That the representation was false and the defendant:
   
   • knew it to be false, OR
   • was reckless whether it was false in a material particular

Question 19

Intention to Deceive

Answer 19

Purposeful intent is necessary and must exist at the time of the deception
(R V MORELY)

Intent = must be done deliberately